Elder Law

Unauthorized Charges: Financial Exploitation at the Dentist’s Office

Published on: September 4, 2013 | by Ettinger Law Firm

Advice is often given about checking a senior relative’s bank statements frequently to identify potential theft. Large cash withdrawals, donations to strange charities, and similar red flags should be pursued.

But sometimes elder financial exploitation is so bold, that victims–or their relatives–may not realize that they were mistreated.

For example, it is easy to overlook a large payment if it seems to be made for a reputable reason. Doctor’s payments may be quite large, but when skimming bank records, that payment may not immediately jump out as fraudulent. This creates an opening for exploitation.

Is There a New Way to Test for Dementia?

Published on: August 22, 2013 | by Ettinger Law Firm

It is a nightmare for many families. A senior shows signs of cognitive mental challenges–becomes forgetful and eventually is unable to live on their own. An adult child take control of the senior’s affairs in order to pay for bills and arrange for long-term care. But when the family member checks banks accounts they discover that the senior’s nest egg has been demolished. Tens of thousands of dollars have been funnelled out to strangers. The senior was the victim of financial exploitation, and now there is little money to pay for the long-term care that they need.

Believe it or not, this scenario occurs frequently. Dementia and Alzheimer’s are not rare diseases; they strike large portions of the population. Yet, because the signs build up only slowly, many family members do not realize the scope of their parent’s mental decline until far too late–after they hurt themselves in an accident or are financially decimated in a scam.

Because of the risks, elder law attorneys frequently remind residents to be proactive–checking up on loved ones frequently and putting legal documents in place to identify problems early on.

New York Nursing Homes & Poor Dental Care

Published on: August 5, 2013 | by Ettinger Law Firm

Most horror stories about poor nursing home care include tales of grotesque “bed sores,” broken bones gone undiagnosed, and similar cases of obvious caregiving lapses. But the best way to measure the quality of long-term care facilities may not be to see how many of these “big” mistakes are made. Instead, it might be more appropriate to look into resident’s mouths.

As a New York Times article discussed last week, there is a chronic problem of poor (and virtually non-existent) dental care provided at far too many nursing homes. A facility’s attention to dental care may be a key indicator of their overall commitment to proper support.

For one thing, many seniors do not have dental insurance. Medicare usually does not cover basic dental care. Medicaid might, but many have reported problems finding local dentists who accept Medicaid coverage. Without private insurance, many seniors simply go without regular cleanings and preventative care. Following a medical setback, dementia, or other challenge, many of these seniors land in nursing homes already in poor dental health.

NPR Story: Time to “Abolish” the Nursing Home

Published on: August 2, 2013 | by Ettinger Law Firm

It is no secret that the country is aging. More Americans are retiring and drifting into their golden years now then ever before. What’s more is that there is not a similarly-sized generation, meaning the percentage of elderly individuals is rising sharply.

All of this is leading many to evaluate the current state of elder care. As the population ages we will undoubtedly need more and more resources to provide the care that often comes with old age. For many, this is the first time that they have seriously considered the senior caregiving system in the United States–and many do not like what they see.

In fact, calls to create alternatives to the traditional nursing home system are louder now than they have ever been. For those who have sharp criticisms of the care provided to residents in these skilled nursing facilities, the idea of tens of millions more elderly loved ones being pushed into these facilities is frightening. As elder law attorneys often explain, the nursing home is usually the “last resort” for good reason.

Back to the Basics: Understanding Medicaid Asset Protection Trusts in New York

Published on: July 18, 2013 | by Ettinger Law Firm

The tremendous benefit of planning ahead for possible long-term care needs cannot be explained enough. The typical New York family is understandably most concerned about paying monthly bills, attending birthday parties, fixing up the house, and the thousand other activities that fill the day. Taking the time to think about serious illness, death, and inheritance often falls quite low on the priority list.

The motto, “I’ll cross that bridge when I get there” may work well for issues that cannot be dealt with ahead of time, but that is certainly not the case when it comes to long-term care and similar elder issues. Planning makes all the difference, not just for the senior, but also their family. That is why it is critical to fight the inertia and be prudent about planning.

The MAPT

Comptroller Claims New York Medicaid Still Rife with Waste

Published on: July 16, 2013 | by Ettinger Law Firm

News about potential fraud and waste within the New York Medicaid system keeps on coming. It seems as if every week there is a new allegations of practices which unnecessarily cost the state money in unnecessary Medicaid payments. With Governor Cuomo’s continued focus on rooting out problems with the system, we can likely expect even more information to come out regarding these issues in the next few months.

In fact, just last week the Capitol Confidential published a story discussing how the New York Comptroller, Tom DiNapoli, recently released two new audits which suggest widespread waste in the system.

One of those audits suggests that the NY Department of Health paid out more money for certain procedures than is allowed under current Medicaid rules. The administrative rules for Medicaid set specific maximum rates for certain procedures. Care providers—from nursing homes to hospitals–know those set rates. Those facilities do not necessarily get to set their own price.

Long-Term Care Insurance — Essential for New York Women?

Published on: July 8, 2013 | by Ettinger Law Firm

Our NY estate planning lawyers frequently advise local residents that in virtually all cases the single best way to prepare for possible senior care needs is by purchasing long-term care insurance (LTCI). Unfortunately, the biggest barrier for most families in securing LTCI is cost. Depending on one’s age when purchasing the product, the premiums can be prohibitive. Gender also plays a role, as women may have higher rates because of their longer life expectancy. We reported last month on one large LTCI insurer, Genworth, making the decision to institute “differential pricing” to charge women more. Reports suggest there could anywhere from a 25% to 40% gender price gap.

Of course the trajectory of these insurance costs mirror the actual costs for nursing home stays or at-home caregivers. As the price of that care rises, so does the cost of LTCI insurance.

Act Now and Act Smart

Elder Financial Exploitation from Jail — Anything Can Happen

Published on: July 1, 2013 | by Ettinger Law Firm

Elder financial exploitation is often one of those problems that community members believe only happens to “other people.” When reading stories about seniors falling for scams or being exploited by caregivers it is easy to view them as one-of-a-kind examples. But the truth is the exact opposite: elder financial exploitation is referred to by observers as an epidemic. It is prudent for all New York families to take preventative steps to minimize the chance of a loved one falling victim.

Misplaced Trust

One story that made headlines last week is a reminder of how scammers eager to take advantage of seniors can cause harm from anywhere. According to a report from NBC, the scam artist began by knocking on the senior’s door in a panic. The man pretended to be distraught, and was in tears while falsely claiming that his own parents were just killed in an automobile accident.

Battles Continue Over New Medicaid Eligibility for NY Home Health Programs

Published on: June 25, 2013 | by Ettinger Law Firm

In an effort to more efficiently use state funds, over the past few years the New York Medicaid program has been closely analyzed by state groups looking to root out fraud. Those investigations have returned hundreds of millions of dollars back into the programs following problematic practices at New York nursing homes, senior day care facilities, and many other settings.

While rooting out excess and fraud is a net positive, one must not forget the real lives that are affected any time that changes are demanded by program officials. Many New York seniors are in delicate situations, and any time that a nursing home, at-home provider, or other entity is no longer able to operate as a result of bad practices, many seniors struggle to deal with caregiving changes.

Finding Good Elderly Home Care in New York

Be Careful With “Pop Up” Senior Centers in New York

Published on: June 21, 2013 | by Ettinger Law Firm

Long-term care is big business. For many years now, companies that work in these fields have grown in size, scope, and influence, emerging as powerful entities making significant profits. There is nothing inherently good or bad about the changing nature of the industry so long quality, affordable options exist for seniors and their families.

Yet, in recent years observers have noticed that the increase in need for senior care services creates a natural business opportunity which are leading to some questionable practices. Take, for example, the growth of “pop up” senior centers in New York. The Brooklyn Eagle recently reported on these facilities and the scrutiny that is being directed their way.

City Council Questioning